JUDGMENT : SANJAY KAROL, J. 1. On 26th of June, 2018, this Court had inter alia passed the following order:- “……... The issue highlighted by the letter petitioner Rishabh Jain, a student of second semester pursing his LLB course with the H.P. University, Shimla, is with regard to maintenance of an age old water body falling within the municipal limits of Shimla town, popularly known as Chadwick Fall. He has also highlighted the insensitive and callous attitude of various functionaries of the State, who otherwise are required to protect and preserve this heritage site. Photographs annexed indicate the garbage/muck, which stands collected all along the source of water and the water body itself. Undisputedly, Department of Tourism, Government of Himachal Pradesh has earmarked Chadwick Fall to be a place of heritage and a centre of attraction for tourists, visiting Shimla. Before we pass any further order, at this stage, we deem it appropriate to constitute a committee, headed by the Deputy Commissioner, Shimla, comprising also of Director (Tourism) ; Secretary, H.P. State Pollution Control Board; Divisional Forest Officer, Shimla; Assistant Commissioner, Municipal Corporation, Shimla; one representative of the Engineer-in-Chief, IPH, Shimla, not below the rank of Superintending Engineer; and two public spirited persons, one of whom, we feel, should be Mr. Raja Bhasin (has authored Books on Shimla) and another person, whom we leave it to be nominated by the Deputy Commissioner, Shimla. Let the said committee visit the area right from the source of water; path of the stream, upto the place of the water fall and submit its report with regard to the existing position, also suggesting remedial measures required to be taken. This, the committee shall positively do so within a period of two weeks from today. …………..” 2. Pursuant to our directions, the Deputy Commissioner, Shimla, has filed his affidavit annexing therein the inspection report, relevant portion whereof is reproduced as under:- “Before embarking on the suggestive measures to be taken by the various departments the committee wishes to apprise the Hon’ble Court the general condition, location, topography of the area. Chadwick is an old tourist spot in Shimla and falls in the general area of Summerhill. The water fall is seasonal and during the monsoon season when the rains take place then the water comes down and in the other months it is generally dry. Chadwick is an old tourist spot in Shimla and falls in the general area of Summerhill. The water fall is seasonal and during the monsoon season when the rains take place then the water comes down and in the other months it is generally dry. There are two trails leading to and from Chadwick Falls from the vehicular road from the nearby village Hewn. The first trail goes down for a distance approximately 1.5 Kms. And the other trail comes at the lower vehicular point and is approximately 1 Km. From the Chadwick Falls. The forest is of mixed temperature alpine nature comprising primarily of Baan, Kail, and Chir trees. The under growth is healthy and consists of number of shrubs and other plants. There is also wild life in the area which includes pheasants, pine-marten, jackals and occasionally, leopards. The committee inspected the site with the focus on the following – (a) Garbage in the catchment area. (b) Debris in the catchment area. (c) Sewage. (d) How the general area can be developed from the tourism point of view ACTIONS BY THE VARIOUS DEPARTMENTS : 1. The Municipal Corporation, Shimla 1.1 It was observed that the water coming down in the fall was not clean and there was a likelihood that upstream of the falls, sewage from the area was getting mixed in the water as there was a foul smell and hence Municipal Corporation will check the leakage, if any, from the septic tanks and/or the sewage line laid by the MC Shimla in the catchment area of the Chadwick Fall. Remedial measures shall also be taken in a time bound manner within MC limits. Septic tanks upstream would be repaired so that there is no leakage as also all septic tanks will be inspected to check that no leakage is there. If the area falls under Gram Panchayat Neri, needful be done by the IPH Department. 1.2 To connect all the houses within the Municipal Corporation and also in Gram Panchayat Neri with the sewerage line laid by the MC Shimla which connects with STP Golcha. The representatives of the Gram Panchayat Neri present on the spot told that the Municipal Corporation had given an assurance to the villagers at the time of laying of sewerage line that the houses of the villagers will be connected without charging any fee. However nothing was documented. The representatives of the Gram Panchayat Neri present on the spot told that the Municipal Corporation had given an assurance to the villagers at the time of laying of sewerage line that the houses of the villagers will be connected without charging any fee. However nothing was documented. 1.3 Gram Panchayat Neri will carry out door to door collection of garbage and disposal will be in the MC Garbage Disposal Plant at Bharyal. 1.4 To ensure absolute cleanliness in the area that forms part of the catchment of Chadwick Falls and also to ensure general cleanliness within the Municipal limits on the Road/Path/Trail leading to Chadwick Falls. 2. Forest Department 2.1 The catchment area of the Chadwick Falls lies in the Reserve Forest on one side and in the DPP on the other side. The Forest Department shall maintain the path(s) leading to Chadwick Falls that lie within its jurisdiction by carrying out periodical maintenance. 2.2 To constitute Eco-Tourism Development Society for the area or to make the area part of the eco-tourism society constituted for Potter Hill. Till the Society is constituted, the Department will work with various NGO’s in concerned Gram Panchyats through Youth Ctubs, Eco Clubs, Mahila Mandals & Yuvak Mandals etc. for general cleanlinesses of the area. 2.3 To develop walking trails from Chadwick Falls to the Potter Hill (approximate walking distance two and half hours) on Glen & Annandale on the other side (approximate walking distance two and half hours). 2.4 To maintain walking trail (s) viewpoints in the catchment area. To formulate regulatory mechanism for the tourists in this area depending on carrying capacity. Possibility of making proper entry & exit points with proper ticketing so that maximum number of tourists at a given point of time may be explored. 2.5 It was observed by the Committee that lot of debris has been thrown in the catchment area which essentially is a forest by various contractors and people residing in the area and proper periodical checking will be carried out by Forest Department. 3. Pollution Control Board 3.1 To carry out inspection and regulatory checks in the catchment area on periodic basis. 3.2 To carry out periodical cleanliness drives with all holders. First search drive will be carried out on 8th July, 2018. 4. 3. Pollution Control Board 3.1 To carry out inspection and regulatory checks in the catchment area on periodic basis. 3.2 To carry out periodical cleanliness drives with all holders. First search drive will be carried out on 8th July, 2018. 4. Tourism Department 4.1 To provide funds to the Municipal Corporation, Shimla and Forest Department, Shimla to develop the area and also to install proper signage. 4.2. To develop & publish a Map/detail/ folder of walking trail in the catchment area for the benefit of the tourists. Suggestive Future course of Action Since, the area where Chadwick Fails is located within the jurisdiction of the Forest Department and the Forest Department has Eco-Tourism wing which is already constituted and functioning, the forest department may be asked to prepare a comprehensive plan for the development the area around Chadwick Fall including Potter Hill, Summer Hill, Sangati, Neri, Glen and Annandale. There is an old Forest path leading from Annandale to Tattapani which may also be included in the future development plan to provide trekking opportunity to the interested persons.” 3. Undisputedly, in fact quite evidently, contents of the letter petition are borne out to be correct. The condition of the water body, commonly known as ‘Chadwick Falls’, so to say the least, is pathetic. In fact, it is worse than a drain. It is in this backdrop, we find the letter petitioner correctly highlighting violation of various provisions of the Constitution of India as also various environmental laws. 4. Right to life, as contemplated under Article 21 of the Constitution of India, includes having hygienic environment as a integral facet of healthy life. Right to life with human dignity, in the absence of humane and healthy environment would only become illusionary. Clean environment, ecology, air and water are all facets of right to healthy life. Part IV of the Constitution of India, containing the directive principles to State Policy, specifically mandates the State to protect and improve as also safeguard the environment (Article 48-A). Similarly, Part IV-A thereof prescribes the fundamental duties to be performed by every citizen of India, which expression, in our considered view, would apply equally to the State, to protect and improve the natural environment, including forests, rivers etc. 5. Similarly, Part IV-A thereof prescribes the fundamental duties to be performed by every citizen of India, which expression, in our considered view, would apply equally to the State, to protect and improve the natural environment, including forests, rivers etc. 5. The Apex Court, after elaborate discussion, has now settled the fundamental principles of Environmental Laws, which, inter alia, include (a) doctrine of public trust, (b) precautionary principle, (c) polluter pays principle, and (d) cooperative social responsibility. In fact, way back in M.C. Mehta v. Kamal Nath & others, (1997) 1 SCC 388 , while dealing with a case of motel, which was discharging untreated effluents in River Beas, the Apex Court issued several directions, holding that our legal system – based on English common law – includes the public trust doctrine as part of its jurisprudence. The State is the trustee of all natural resources which are by nature meant for public use and enjoyment. Public at large is the beneficiary of the seashore, running waters, airs, forests and ecologically fragile lands. The State as a trustee is under a legal duty to protect the natural resources. 6. In Municipal Council, Ratlam v. Shri Vardichan & others, (1980) 4 SCC 162 , the Apex Court held that: “15. Public nuisance, because of pollutants being discharged by big factories to the detriment of the poorer sections, is a challenge to the social justice component of the rule of law. Likewise, the grievous failure of local authorities to provide the basic amenity of public conveniences drives the miserable slum-dwellers to ease in the streets, on the sly for a time, and openly thereafter, because under Nature's pressure, bashfulness becomes a luxury and dignity a difficult art. A responsible municipal council constituted for the precise purpose of preserving public health and providing better finances cannot run away from its principal duty by pleading financial inability. Decency and dignity are non-negotiable facets of human rights and are a first charge on local self governing bodies. Similarly, providing drainage systems - not pompous and attractive, but in working condition and sufficient to meet the needs of the people - cannot be evaded if the municipality is to justify its existence. A bare study of the statutory provisions makes this position clear.” 7. The Apex Court in Narmada Bachao Andolan v. Union of India & others, (2000) 10 SCC 664 , held that: “248. A bare study of the statutory provisions makes this position clear.” 7. The Apex Court in Narmada Bachao Andolan v. Union of India & others, (2000) 10 SCC 664 , held that: “248. Water is the basic need for the survival of human beings and is part of right of life and human rights as enshrined in Art. 21 of the Constitution of India and can be served only by providing source of water where there is none. The Resolution of the U.N.O. in 1977 to which India is a signatory, during the United Nations Water Conference resolved unanimously inter alia as under :- "All people, whatever their stage of development and their social and economic conditions, have the right to have access to drinking water in quantum and of a quality equal to their basic needs." 8. In Virender Gaur & others v. State of Haryana & others, (1995) 2 SCC 577 , the Apex Court held: “7. Article 48-A in Part IV (Directive Principles) brought by the Constitution 42 nd Amendment Act, 1976, enjoins that "the State shall endeavour to protect and improve the environment and to safeguard the forests and wild life of the country". Article 47 further imposes the duty on the State to improve public health as its primary duty. Article 51-A (g) imposes "a fundamental duty" on every citizen of India to "protect and improve the natural environment including forests, lakes, rivers and wild life and to have compassion for living creatures". The word 'environment' is of broad spectrum which brings within its ambit "hygienic atmosphere and ecological balance". It is, therefore, not only the duty of the State but also the duty of every citizen to maintain hygienic environment. The State, in particular has duty in that behalf and to shed its extravagant unbridled sovereign power and to forge in its policy to maintain ecological balance and hygienic environment. Article 21 protects right to life as a fundamental right. Enjoyment of life and its attainment including their right to life with human dignity encompasses within its ambit, the protection and preservation of environment, ecological balance free from pollution of air and water, sanitation without which life cannot be enjoyed. Any contra acts or actions would cause environmental pollution. Environmental, ecological, air, water, pollution, etc. should be regarded as amounting to violation of Article 21. Any contra acts or actions would cause environmental pollution. Environmental, ecological, air, water, pollution, etc. should be regarded as amounting to violation of Article 21. Therefore, hygienic environment is an integral facet of right to healthy life and it would be impossible to live with human dignity without a humane and healthy environment. Environmental protection, therefore, has now become a matter of grave concern for human existence. Promoting environmental protection implies maintenance of the environment as a whole comprising 'the manmade and the natural environment. Therefore, there is a constitutional imperative on the State government and the municipalities, not only to ensure and safeguard proper environment but also an imperative duty to take adequate measures to promote, protect and improve both the man-made and the natural environment.” 9. It is not in dispute that the water body, as a whole, falls within the limits of Municipal Corporation, Shimla (Corporation), so constituted under the provisions of the Himachal Pradesh Municipal Corporation Act, 1994 (hereinafter referred to as the Act). 10. Chapter-III (Sections 41 to 44) of the Act deals with General Functions of the Corporation, i.e., public health, sanitation, conservancy and solid waste management, apart from protection of environment and promotion of ecological aspects. Section 42(1)(b) of the Act, inter alia, deals with the functions and obligations of the Corporation. 11. In terms of Chapter-XII (Section 166-207), it is also the duty of the Corporation to take steps for ascertaining the sufficiency and wholesomeness of the water supply within the municipal area (Section 169). In fact, by virtue of Section 182, the Commissioner of the Corporation is empowered to direct that supply from polluted source be not consumed. 12. To our mind, this Chapter lays down much emphasis on proper use of water and its proper treatment and discharge thereafter. In fact, it is one of the most essential functions of the Corporation. Further, much emphasis is also laid on proper sanitation and public health, under Chapter-XV (Section 261 to 301). 13. By virtue of Section 261, there is an obligation to clean, treats and properly dispose of the rubbish, filth and other polluted and obnoxious matter. Correspondingly, there is a duty upon the owners and occupiers to put such filth and rubbish at the earmarked places, with further duty upon the Corporation to dispose of the same, in accordance with law. By virtue of Section 261, there is an obligation to clean, treats and properly dispose of the rubbish, filth and other polluted and obnoxious matter. Correspondingly, there is a duty upon the owners and occupiers to put such filth and rubbish at the earmarked places, with further duty upon the Corporation to dispose of the same, in accordance with law. In fact, Section 266 prohibits accumulation of rubbish, filth or obnoxious matter at any place to avoid nuisance. 14. Sections 207 & 266 of the Act prohibit deposit of any rubbish, filth or polluted and obnoxious matter into or on the banks of water course. 15. It is not in dispute that the beauty and glory of the Chadwick Falls is of international fame. For more than two Centuries, this spot has been attracting not only the local populace but also tourists, both domestic and international. It has got its natural beauty, which undoubtedly needs to be protected and preserved for posterity. 16. The letter petitioner has highlighted various schemes promoted by the Central Government including ‘Swachh Bharat Abhiyan (#MycleanIndia)’, as one of the favourite programmes of Hon’ble Prime Minister. The said campaign needs to be encouraged and the spirit of the fundamental duties imbibed, through various modes and means, amongst all, and more specifically the students and the local inhabitants/residents. The Committee has identified the stakeholders/agencies, who are required to carry out necessary work in this regard. The Municipal Corporation, Shimla, Department of Forest, Government of Himachal Pradesh, Himachal Pradesh State Pollution Control Board and Department of Tourism, Government of Himachal Pradesh, are the agencies which are required to ensure that the entire length of the water body, commonly known as ‘Chadwick Falls’ is cleaned up, maintained and developed so as to restore its pristine glory. 17. We are also of the considered view that the civil society should be associated in this exercise. Himachal Pradesh State Legal Services Authority and students of various Law Colleges/faculties in Shimla should be associated in this programme. 18. Under these circumstances, we direct the Deputy Commissioner, Shimla to take all measures, by associating all the stakeholders/agencies, including the civil society, for implementing the suggestions pointed out in the inspection report reproduced supra. Needful shall positively be done within a period of two months from today. 19. Before parting, we wish to place on record appreciation qua the efforts put in by Mr. Needful shall positively be done within a period of two months from today. 19. Before parting, we wish to place on record appreciation qua the efforts put in by Mr. Deven Khanna, learned Amicus Curiae, who, on the instructions of this Court obtained necessary feedback. 20. Registry is directed to send a copy of this judgment to the Deputy Commissioner, Shimla (respondent No. 8) and the Commissioner, Municipal Corporation, Shimla (respondent No. 9) to take necessary action and the letter petitioner to enable him to take follow up action, if any, with the concerned authorities. In view of the above, the petition stands disposed of, so also pending application(s), if any.